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Judgment
F.M. Reis, J.—Heard Shri J. F. Melo, Learned Counsel appearing for the Petitioners, Shri V.P. Thali, Learned Counsel appearing for Respondent nos.1 to 4 and Ms. A. Pereira, Learned Counsel for respondent no.8.
The above Petition seeks to quash and set aside the Order dated 17.04.2010, passed in Regular Civil Suit no. 100/2007/C by the learned Civil Judge, Junior Division, at Panaji, whereby the application filed by the Petitioners dated 30.07.2009, to stay the suit on such terms as deem fit, came to be dismissed. The learned Judge whilst passing the impugned Order has found that no stay could be granted under the provisions of Section 10 of the CPC and no inherent powers u/s 5 could be exercised in favour of the Petitioners herein.
After hearing the above Petition for sometime, it was brought to my notice that an application u/s 8 of the Arbitration Act 1996, filed by the Petitioner is pending disposal before the learned Judge in the said suit. The impugned Order was passed on an application filed by the Petitioners to stay the suit in view of the pendency of an application u/s 11 of the Arbitration Act for the appointment of Arbitrator before this Court. The learned Judge found that there was no reason to stay the suit. Considering the facts and circumstances of the case, I find that there is no justification to interfere in the impugned Order passed by the learned Civil Judge, Junior Division, at Panaji, as a suit cannot be stayed merely because an application u/s 11 of the Arbitration Act is pending before the Court. There is no jurisdictional error committed by the learned Judge whilst passing the impugned Order which calls for any interference by this Court at this stage. Hence, I find no merit in the above Petition. Nevertheless, considering the application u/s 8 of the Arbitration Act is pending before the learned Judge, it would be appropriate that the learned Judge be directed to decide the said application as expeditiously as possible.
Subject to the above, I find no merit in the above Petition which stands accordingly rejected.